General travel conditions

General and Special conditions Lunatrain

General travel conditions

General Terms and Conditions of the Disputes Committee for the Travel Industry for Travel Service Contracts

Article 1: Scope of application

These general terms and conditions apply to the sale of travel services that are booked as of 1 July 2018 and are governed by the Law on the sale of package travel, linked travel arrangements and travel services of 21 November 2017.

Article 2: Information to the traveller before a travel service contract is concluded

The organiser or the retailer who as an intermediary separately sells a travel service shall provide to the traveller the following information:

    1. The main characteristics of the travel service
    2. The identity of the company (enterprise number, trading name, address and telephone number)
    3. The total price of the travel service
    4. Payment terms
    5. Information about the internal complaint handling procedure
    6. The protection to which he can make claim in case of insolvency
    7. The name of the entity that handles this protection and its contact details.

Article 3: Information by the traveller

3.1: The person who concludes the travel service contract must provide to the organiser and the retailer all useful information about himself and his fellow travellers that may be important for concluding or performing the contract.

3.2: If the traveller provides incorrect information which leads to extra costs for the organiser and/or retailer, these costs may be charged.

Article 4: Insolvency

4.1: The organiser or retailer who as an intermediary separately sells travel services shall provide security for the refund of all amounts that he receives from or on behalf of the travellers, for the case that the travel service cannot be granted due to insolvency.

4.2: For travel services that have not been performed, refunds shall be provided without undue delay after the traveller´s request.

Article 5: Complaint procedure

The organiser and/or retailer shall provide to the traveller information about the internal complaint handling procedure.

Article 6: Conciliation proceeding

6.1
In the event of a dispute, the parties must first try to arrive at an amicable settlement between them.

6.2
If this attempt at amicable settlement fails, then any of the parties involved can ask the vzw Geschillencommissie Reizen [non-profit association Disputes Committee for the Travel Industry] to initiate a conciliation proceeding. All of the parties must consent to this.

6.3
For this the secretariat will provide to the parties a set of conciliation rules and a “conciliation contract”.

6.4
In accordance with the procedure described in the rules, an impartial conciliator will then contact the parties in order to seek an equitable conciliation between the parties.

6.5
Any agreement reached will be set down in a binding written contract.

Article 7: Arbitration or court

7.1
If no conciliation proceeding is initiated (or if it fails), the claimant can if desired start an arbitration proceeding before the Disputes Committee for the Travel Industry or commence a proceeding before the court.

7.2
The traveller can never be obliged to accept the jurisdiction of the Disputes Committee for the Travel Industry, neither as claimant nor as respondent.

7.3
The organiser or retailer who is the respondent can only refuse the arbitration if the amount claimed by the claimant is more than 1,250 euros. For this he has a period of 10 calendar days after receipt of the registered letter or e-mail with proof of receipt in which it is indicated that a file with a claim as of 1,251 euros was opened at the Disputes Committee for the Travel Industry.

7.4
This arbitration proceeding is governed by arbitration rules, and can only be initiated after the submission of a complaint to the company itself and as soon as it is established that the dispute could not be amicably resolved or as soon as 4 months have passed after the (anticipated) end of the trip (or possibly as of the action that gave rise to the dispute). Disputes relating to physical injuries can only be settled by the courts.

7.5
The arbitration board with equal representation pronounces its decision, in accordance with the arbitration rules, in a binding and definitive manner on the travel dispute. No appeal against this decision is possible.

 

Secretariat of the Disputes Committee for the Travel Industry:

Telephone: 02 277 62 15 or 02 277 61 80 (9 a.m. to 12 noon) ; fax: 02 277 91 00
City Atrium, Vooruitgangstraat 50, 1210 Brussels
E-mail: reisgeschillen@clv-gr.be

1/2/2018

General and Special Conditions Lunatrain

Version 1.0

Date: 2023-07-25

Article 1. General

1.1   These general conditions (hereinafter: “General Terms and Conditions”) apply to the contractual relationship between yourself (hereinafter: “Customer“) and LunaTrain BV, a Belgian limited company (besloten vennootschap) with address at 8450 Bredene, Populierenlaan 102 , with company number VAT BE0804348546 (hereinafter: “Company“). These General Conditions, together with any special conditions which define the contractual relationship in more detail, together constitute the agreement between the parties (hereinafter: “Agreement”).

Article 2. Establishment of an agreement

2.1   To enter into an Agreement, the Customer must request a quote, stating his name, email address and information about the desired trip. The Company will then prepare and deliver the quote by email. The Customer undertakes to check the details of his order with the utmost attention. The Customer understands that errors such as providing the wrong travel date, wrong personal details, wrong destinations, etc. cannot be corrected after placing the order. Next, the Customer should confirm the offer by e-mail, after which the Customer will be redirected to the payment module. Only after electronic confirmation of receipt by the Company of the payment, the Agreement shall be established.

2.2   The Company reserves the option to automate the ordering, payment, and delivery processes in the future through an online webshop module on its website. In that case, the Agreement may also be established upon electronic confirmation of receipt by the Company of payment for the products ordered.

2.3   By entering into an Agreement, the Customer agrees that the contractual relationship between the Customer and the Company shall be governed solely by these General Terms and Conditions and any special terms and conditions, to the exclusion of any different terms and conditions, unless explicitly stated otherwise.

2.4   The Company acts as an intermediary between the Customer and railroad companies. Consequently, the products purchased by the Customer through the Company also create an agreement directly between the Customer and the relevant railroad company that will provide the ultimate service. The Customer declares, before placing a binding order, to have read the railroad company’s conditions and instructions as found on their respective websites.

2.5   The Company can in no way be held to agree to terms or prices that the Customer could reasonably expect to contain, in whole or in part, an obvious material mistake or error, such as an unrealistically high discount or unusually low asking price.

2.6   If the Company suspects fraud or abuse on the part of the Customer, the Company is entitled to refuse any order placed, without incurring any liability.

Article 3. Delivery

3.1   The Company shall make all reasonable efforts to deliver purchased and paid for products no later than seven days prior to the booked travel time. Should delivery not occur within this period, the Customer shall notify the Company in writing and allow an additional reasonable period of time for delivery. After the expiry of this period, the Customer shall have the right to terminate the Contract free of charge by giving written notice, which must however be received by the Company before the products were shipped.

3.2   At the Company’s option, the products will be delivered either by e-mail to the e-mail address provided by the Customer or via the website itself in the Customer’s underlying user account.

3.3   The delivery period referred to in this article only applies if the Customer has placed and paid for his order in time, i.e. at least two weeks before the desired travel date. For orders booked and/or paid later, the Company is not responsible for the possible late delivery of the products. If the order is manifestly late in relation to the desired travel date, the Company is entitled to refuse the order.

3.4   If the products ordered should become unavailable despite an accepted order, the Company cannot be held to delivery. The amounts paid will be refunded to the Customer within thirty days.

3.5   If the products are delivered in the form of an e-ticket, the Customer is fully and solely responsible to keep and present them according to the instructions stated on the ticket or otherwise communicated by the railroad company when taking the service, and in the absence of instructions to at least save them securely in electronic form, to print them on white paper, without application of size scaling or size reduction, and to keep them orderly and in undamaged form.

3.6   The Customer must make an initial inspection of the products purchased. In the absence of written complaints within 24 hours of delivery, the Customer shall be deemed to have accepted the delivery.

3.7   The Company has the right to engage third parties for the full or partial performance of the Agreement.

Article 4. Prices and payment

4.1   Prices are expressed in euros. The prices listed are always inclusive of VAT.

4.2   In addition to the prices listed on the website, the Company may also charge service, shipping, and transaction fees. The amounts of these fees are always clearly stated before the Customer places an order.

4.3   Optional additional products or services, such as insurance, may be ordered separately and will be charged separately.

4.4   Products purchased through the website should be paid immediately and through the website. Payment is possible through the payment module displayed, which supports the most common means of payment, such as debit card and credit card.

Article 5. Right of Withdrawal

5.1   The Customer understands and acknowledges that, in view of Article VI.53, 12° of the Belgian Code of Economic Law, the right of withdrawal does not apply to the Agreement between the Company and the Customer, as it concerns the provision of transportation where the contract provides for a specific date of performance.

Article 6. Using the website

6.1   To the extent permitted by mandatory regulations, Customer warrants that it will not commit or attempt to commit the following acts:

    • Sharing malicious applications through the website such as malware.
    • Sharing information through the website that violates the rights of third parties, such as intellectual property rights, the right to privacy and data protection.
    • Sharing information through the website that is contrary to law, public order or morality, that incites hatred, violence or discrimination, or that is otherwise obscene, vulgar or inappropriate.
    • Removing or obscuring the website’s name or logo.
    • Attempting to modify, violate or circumvent security or authentication measures.
    • Providing false identification information or impersonating someone else.
    • Disrupt the operation of the website, for example, through an (automated) system.
    • Accessing parts of the website where the Customer should reasonably have known not to be authorized to access.
    • Any other act in violation of applicable law.

6.2   In case of violation of any of the previous paragraphs, the Company is entitled to suspend or permanently terminate access to the website, without prejudice to its right to recover from the Customer all damages suffered.

Article 7. Termination

7.1   In case of a breach of any provision of the Agreement, or in case of a suspicion of abuse or fraud on the part of the Customer, The Company may dissolve the Agreement at its own discretion and without judicial intervention, without prejudice to its right to compensation.

Article 8. Liability

8.1  The Company is not liable for mistakes made by the Customer while placing an order (e.g. entering incorrect travel dates or personal data), and in no case will any order placed be refunded in such a case. Also, the Customer is solely responsible to respect the travel time(s) as stated on the purchased product and to have in his possession all necessary travel documentation in accordance with the terms and instructions of the railroad company or in accordance with what is reasonable and customary (such as the ticket itself, identity card, etc.).

8.2   The Company is not liable for loss or theft of purchased products after they have been delivered to the Customer, and in no case does this confer any right to a refund. The Customer is also responsible for personal accidents and his personal belongings.

8.3   The Company declares that it has taken out insolvency insurance with the Travel Guarantee Fund (“Garantiefonds Reizen”).

8.4   The Customer understands that the Company is an intermediary and therefore does not guarantee the actual performance by the railroad company. Consequently, the Company is not liable to pay any compensation or refund of the price due to the non-performance of the railroad company with which the ticket is exchanged or due to other (un)foreseen circumstances that occur with the railroad company (e.g. delay or cancellation of a train ride, etc.). In case of complaints, the Customer must contact the railroad company itself.

8.5   The Company makes all reasonable efforts, but does not guarantee, that the information displayed on the website (e.g. timetable information) is correct and up-to-date. Furthermore, the information displayed is subject to change. No rights can be derived from the information displayed on our website until an Agreement has been concluded between the parties.

8.6   The Company provides no guarantee that the website will be available or function without errors at all times. Accordingly, the Customer accepts that the Website is made available “as is” and “as available”.

8.7   Although The Company undertakes all reasonable security measures, The Company is not liable for damages from intrusion, hacking, phishing or other forms of cybercrime that would be committed directly or indirectly through our website, our contact information, our mailboxes or our products.

8.8   The Company shall not be liable for or be required to pay compensation for any intangible, indirect or consequential damages including (but not limited to) loss of profits, loss of sales, production limitations, loss of anticipated savings, administrative or personnel costs, an increase in overhead, loss of clientele, loss of data, loss of reputation or third party claims.

8.9   Without prejudice to the preceding paragraphs, the Company’s contractual and extra-contractual liability to the Customer shall at all times be limited to the lesser of one of the following amounts:

    • the amount of the order;
    • the amount for which the Company’s liability insurer is prepared to intervene in a specific claim, which shall be evidenced by a written statement from the insurance company.

8.10   No provision shall limit or exclude the liability of any party for death or bodily injury.

Article 9. Intellectual property

9.1   All websites, source and object codes, databases, logos, distinguishing marks (whether registered as trademarks or not), trade names, company names, models, designs, inventions, studies, drawings, sketches, photographs, texts, videos, know-how, and in general all carriers containing the Company’s intellectual performances are protected by intellectual property rights. These intellectual property rights shall at all times remain the property of the Company. Except to the extent permitted by mandatory law or pursuant to these General Terms and Conditions, the aforementioned elements may not be reproduced, distributed, modified, translated, rented, loaned, repurposed, communicated publicly, etc., even partially, without the written permission of the Company.

Article 10. Force majeure

10.1   If the Company is affected by a situation of temporary force majeure, the performance of the Agreement by the Company shall be suspended until the force majeure situation is resolved, without the Company being liable for it and without the Company being liable for any compensation for it.

10.2   If the Company is affected by a situation of definitive force majeure, which includes if a temporary force majeure situation persists continuously for three months or has not yet been resolved one week before the Customer’s desired travel date, then each party is entitled to terminate the Agreement, without any liability or obligation to pay damages.

10.3   A situation of force majeure does not affect the Company’s right to payment by the Customer for products already delivered.

10.4   Force majeure shall include, but not be limited to: illness, government intervention, terrorism, wars, natural disasters, fires, sabotage, defects in train equipment, strikes, riots, robberies, unavailability of networks or computer systems, as well as force majeure situations arising on the part of the railroad companies themselves, …

Article 11. Varia

11.1   The nullity, invalidity or unenforceability of any provision shall nevertheless preserve its maximum permitted effect and shall not affect the validity or enforceability of the remaining provisions of these General Terms and Conditions. The void, invalid or unenforceable provision shall be replaced by operation of law by a valid and enforceable provision that is economically and legally as close as possible to the initial provision.

11.2   Only Belgian law applies to the contractual relationship between the Customer and the Company.

11.3   All disputes arising from an Agreement between the parties shall fall under the exclusive jurisdiction of the courts having jurisdiction over the address of the Company. However, if the Customer enters into the Contract as a consumer, disputes shall fall under the exclusive jurisdiction of the courts having jurisdiction over either the residence of the Customer or the address where the Contract originated or is to be performed.